Boykins v. Payne

Filing 7

ORDER adopting 3 recommendation; dismissing without prejudice Boykins's petition for lack of jurisdiction; Boykins must be get permission from the United States Court of Appeals for the Eighth Circuit before this Court can proceed; and no certificate of appealability will issue. Signed by Judge D. P. Marshall Jr. on 8/30/2024. (jak)

IN THE UNITED ST ATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION
DEWAYNE BOYKINS
ADC #095425
v.

PETITIONER

No. 4:23-cv-1200-DPM

DEXTER PAYNE

RESPONDENT
ORDER

On de novo review, the Court adopts the recommendation, Doc. 3,
and overrules Boykins's objections, Doc. 6. Fed. R. Civ. P. 72(b)(3).
Boykins's petition will be dismissed without prejudice for lack of
jurisdiction. Boykins must get permission from the United States Court
of Appeals for the Eighth Circuit before this Court can proceed.
28 U.S.C. § 2244(b)(3)(A). No certificate of appealability will issue.
28 U.S.C. § 2253(c)(l)-(2).
So Ordered.
(/

D .P. Marshall Jr.
United States District Judge